GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
19
country from the region being Armenia (32nd) and average regional rank of 73.
Georgia was the top improving country since 2005 both in the Eastern Europe and
Central Asia and globally with 35 institutional and regulatory reforms carried out.”
THE LAW
I. THE GOVERNMENT’S PRELIMINARY OBJECTION
74. After notice of the present application had been given to the
Government on 9 November 2009, the Court was informed on 22 June 2010
for the first time that the third applicant, Mr Tengiz Gogitidze, had died on
7 May 2005 (see paragraphs 4 and 5 above). Referring to the above fact, the
Government raised an objection of abuse of the right of petition in respect
of the deceased applicant. They claimed that the applicants’ legal counsel
had deliberately concealed from the Court the fact of that person’s death
when deceitfully submitting the application form on the deceased person’s
behalf.
75. The applicants did not comment on the Government’s objection.
76. The Court reiterates that an application may be rejected as abusive
under Article 35 § 3 of the Convention if it was knowingly based on untrue
facts (see, among other authorities, Akdivar and Others v. Turkey,
16 September 1996, §§ 53-54, Reports of Judgments and Decisions
1996-IV, and Keretchashvili v. Georgia (dec.), no. 5667/02, 2 May 2006) or
if incomplete and therefore misleading information was submitted to the
Court (see Bekauri v. Georgia (preliminary objection), no. 14102/02, §§ 21
and 24, 10 April 2012, and Hüttner v. Germany (dec.), no. 23130/04, 9 June
2006).
77. In this connection the Court observes that whilst Mr Tengiz
Gogitidze died on 7 May 2005, a fact confirmed by a death certificate added
to the case file after communication of the application, legal counsel lodged
the application on behalf of the deceased on 4 July 2005. Indeed, the
application form presented Mr Gogitidze as an applicant with full legal
capacity, living at that time in Moscow, Russia. Furthermore, on
2 November 2005 legal counsel submitted to the Court an authority form
which mentioned that it had been issued and signed by the third applicant in
Moscow on 22 October 2005.
78. In such circumstances, the Court considers that the application form
was based on the false claim that Mr Gogitidze was alive and willing to
lodge an application with the Court, whilst the authority form added to the
file on 2 November 2005 and bearing the signature “Tengiz Gogitidze” was
necessarily a forged document. Although it is unclear who exactly sought to
deceive the Court and falsified the signature on the authority form, and there
is no indication that legal counsel was aware of the fraud at the time of the